本省令の日本語訳及び英文訳 ( 添付の資料及び注釈を含む ) は JICA 技術協力専門家が業務上作成した成果物を 日本の企業 個人の皆様がカンボジアの当該省令を理解するための参考資料として公開するものです 法律上の問題に関しては省令のクメール語原文を参照してください JICA は 本省令日本語訳及び英文訳 ( 添付の資料及び注釈を含む ) の内容の正確性について保証せず 利用者が本省令日本語訳及び英文訳 ( 添付の資料及び注釈を含む ) を利用したことから生じる損害に関し いかなる責任も負いかねます This English version is just unofficial translation of the Khmer version, and is provided by the Legal Advisers for reference only. Neither Legal Advisers, translators, JICA, its officials nor officials of MOJ shall not be liable for any losses, expenses, and/or damages caused by this translation. In case of transactions, please refer the official Khmer version. カンボジア王国不動産登記手続共同省令 ( 民法関連 ) Inter-ministerial Prakas Concerning Real Rights Registration Procedure Pertaining to the Civil Code 英文訳 (English)
Note: This English version is just unofficial translation of the Khmer version, and is provided by the Legal Advisers for reference only. Neither Legal Advisers, translators, JICA, its officials nor officials of MOJ shall not be liable for any losses, expenses, and/or damages caused by this translation. In case of transactions, please refer the official Khmer version Kingdom of Cambodia Nation Religion King Ministry of Land Management, Urban Planning and Construction Ministry of Justice No: 30 MOJ,MOL,PK/13 Phnom Penh, 29 January,2013 INTER-MINISTERIAL PRAKAS CONCERNING REAL RIGHTS REGISTRATION PROCEDURE PERTAINING TO THE CIVIL CODE Minister of Land Management, Urban Planning and Construction Minister of Justice - Having seen the constitution of the Kingdom of Cambodia - Having seen Royal Decree No: NS/RKT/0908/1055 dated September 25, 2008 on the Appointment of the Royal Government of Cambodia - Having seen Royal Kram No 02/NS/94 dated July 20, 1994 which promulgates the Law on the Organization and Functioning of the Council of Ministers - Having seen Royal Kram No NS/RKM/0196/04 dated January 24, 1996 which promulgates the Law on the Establishment of Ministry of Justice - Having seen Royal Kram No NS/RKM/0699/09 dated June 23, 1999 which promulgates the Law on the Establishment of Ministry of Land Management, Urban Planning and Construction - Having seen Decree No 06 Kr dated February 08, 1993 which promulgates the Law on the Assignment and Activities of Courts of the State of Cambodia - Having seen Royal Kram No NS/RKM/0801/14 dated August 30, 2001 which promulgates Land Law - Having seen Royal Kram No NS/RKM/0706/021 dated July 06, 2006 which promulgates Code of Civil Procedure - Having seen Royal Kram No NS/RKM/1207/030 dated December 08, 2007 which promulgates Civil Code - Having seen Royal Kram No NS/RKM/0511/007 dated May 31, 2011 which promulgates Law on the Application of Civil Code - Having seen Sub-Decree No 46 ANK/BK dated May 31, 2002 on the Procedures on Making Cadastral Map and Land Registry Book - Having seen Sub-Decree No 48 ANK/BK dated May 31, 2002 on Land Sporadic Registration - Having seen the Inter-Ministerial Prakas No 59 BK/LMUPC/11 dated May 03, 2011 on Immovable Registration Pertaining to the Code of Civil Procedure - As necessity for the Application of Civil Code 1
Hereby Decides Chapter 1 General Provisions Article 1: Goal The goal of this Prakas is to ensure the effectiveness of proper immovable registration in accordance with the Civil Code. Article 2: Purpose The purpose of this Prakas is to regulate the procedures for filing registration application and for registering real rights over immovable in accordance with the Civil Code. Article 3: Scope This Prakas shall apply to a land where the ownership has been registered and shall apply mutatis mutandis to a land for which Immovable Possessory Right Title or Land Possessory Right and Use Title has been issued. This Prakas shall apply to the following registrations: a. Transfer, change, correction, extinguishment of ownership b. Creation, transfer, change, correction and extinguishment of perpetual lease, usufruct, statutory lien, pledge and hypothec c. Creation, change, correction and extinguishment of easement Article 4: Definition Important terminologies used in this Prakas have the following meanings: 1. Person refers to a natural person or a juristic person. 2. Matters to be registered refer to matters to be registered in a land registry book, perpetual lease registry book, or usufruct registry book pursuant to the provisions of the Prakas. 3. Person entitled to registration refers to a person who directly benefits from registration. 4. Person obliged to registration refers to a person who directly suffers detriment from registration. 5. Person filing application for registration refers to is a person entitled to registration or a person obliged to registration, or other persons who shall exercise registration right or shall perform registration obligation. 6. Universal successor refers to the person who succeeds all rights and obligations which a person has through succession or consolidation of juristic persons. 7. Registration of change refers to a registration to be made, in case where there has been a change to any of the registered matters, in order to change such matters. 8. Registration of correction refers to a registration to be made, in case where there is an error or mission of any of matters to be registered, in order to correct such matters. 9. Accessory registration is a registration of a right which is necessary for public notice with relations to the registered principal registration. 10. Entrustment letter for registration is a court s or other institutions letter which is sent to cadastral administration to request for registration process. 2
Article 5: Competent Institution 1. Competent institution receiving the application for registration of real rights over immovable, in the sense of this Prakas, is Capital/Provincial Cadastral Administration or Municipal/District/Khan Cadastral Administration where the immovable is located in. Capital/Provincial Cadastral Administration and Municipal/District/Khan Cadastral Administration shall create reception books for application for registration of real rights over immovable separately from other reception books. Municipal/District/Khan Cadastral Administration receiving the application for registration of real rights over immovable shall send that application and other relevant documents to Capital/Provincial Cadastral Administration where the immovable is located in without delay. 2. Competent institution registering the real rights over immovable, in the sense of this Prakas, is Capital/Provincial Cadastral Administration where the immovable is located in. Article 6: Application for Registration and Registration Application for registration of real rights over immovable shall be made in writing. Competent Capital/Provincial Cadastral Administration in registration shall register based on the matters described in the applicant s application or in entrustment letter. Registration of the matters to be registered shall be made in the relevant registry books. Article 7: Order of Registration Capital/Provincial Cadastral Administration, which is competent institution registering the real rights over immovable, shall write order number in the order of reception of the application on the application for registration which was directly received or received from Municipal/District/Khan Cadastral Administration, or on entrustment letter received from the court or from other competent institutions. In the case where more applications for registration of the same immovable are filed, Capital/Provincial Cadastral Administration which is a competent institution registering the real rights over immovable shall register in the continuous order of the reception number and date of reception of registration application or entrustment letter which was received from the court or other competent institutions. Article 8 : Order of Priority of Right 1. The order of priority of right registered in same immovable, otherwise provided by law and other regulations, shall follow the chronological order of registration, 2. The order of priority of accessory registration shall follow the order of the principal registrations. 3. The order of priority of accessory registrations attached to the same principal registration shall follow the chronological order of the accessory registration. Article 9 : Modification and Dismissal of Registration Application 1. Competent capital/provincial cadastral administration for registration shall order modification fixing the reasonable time period in case the application for registration is insufficiently 1 made as follows: - No necessary documents are provided 1 In Khmer, it refers to lack of some points 3
- Contents in the application and attached document(s) are not consistent - Identity of person obliged to registration in the application for registration is not consistent with the one in registry book. Provision of sentence 1 shall apply mutatis mutandis to person filing registration application described in Article 12 (Application for Registration of Contract for Prohibition of Undivided Immovable Partition) and Article 13 (Application for registration of the change of hypothec ranking, etc.) of this Prakas - No tax or other fees regarding the registration is paid 2. In case where the person filing application for registration doesn t modify based on the order described in item 1 above, cadastral administration shall dismiss that application for registration. 3. If application for registration is inappropriately made by reason that the application for registration is submitted to wrong jurisdiction or the registration for which the application is being filed was once made, capital/provincial cadastral administration shall dismiss the application for registration. 4. If, apart from the grounds described in the preceding paragraphs 2 and 3, the application does not conform to the requirements of this Prakas, or other relevant laws or regulations, the capital /provincial cadastral administration may also dismiss the application. 5. With respect to dismissal of application described in the preceding paragraphs 2, 3 and 4, the capital/provincial cadastral administration shall make the written, reasoned dismissal letter and the notification of such dismissal shall be given to the person filing the registration application or agent. 6. The above dismissal of application can be objected to Central Cadastral Administration. If the Central Cadastral Administration dismisses this objection, the person filing the objection can file the objection to the LMUPC Minister. For the dismissal under the above paragraph, the Central Cadastral Administration shall notify in writing to the person filing the objection. 7. Upon dismissing the registration application based on this Prakas, the cadastral administration shall return the attached documents to the person filing the registration application or the agent. Chapter 2 Person Filing Application for Registration of Real Rights over Immovable Article 10: Person Filing Application for Registration of Real Rights over Immovable 1. Application for registration of real rights over immovable shall be jointly made by a person entitled to registration and the one obliged to registration. 2. In the following cases, a person entitled to registration can file the application individually: - Transfer of rights by reason of succession. Provided that the testamentary gift shall be made in accordance to the paragraph 1 of this article - Transfer of rights by reason of consolidation of a juristic person - Deregistration of usufruct by reason of death of initial usufruct holder - Final and binding judgment or ruling or title of execution based on compromise or acknowledgement of claim, which [all these execution titles in Khmer version] order the registration procedure - Provisions of other laws and regulations 4
3. A person who was registered as a right holder can file an application for change or correction of his/her name, date of birth, place of birth and parents names individually. 4. The registration application stated in paragraph 1, 2 and 3 can be made by agent. Article 11: Application Made by Universal Successor In case of the universal succession, the universal successor may file application for registration as the person entitled to registration or obliged to registration. Article 12: Application for Registration of Contract for Prohibition of Undivided Immovable Partition All applications for registration of contract for prohibition of undivided immovable partition shall be made by all undivided owners. The provision of preceding paragraph 1 shall apply mutatis mutandis to quasi-undivided ownership. Article 13: Registration Application for Change of Hypothec Ranking etc 1. Application for registration of change of hypothec ranking shall be jointly made by hypothec holders who shall change the ranking. 2. Provision of the preceding paragraph 1 shall apply mutatis mutandis to application for registration of change of order of statutory lien or pledge. 3. Provision of the preceding paragraph 1 shall apply mutatis mutandis to application for registration described in Article 879, Paragraph 1, Sentence 2 (co-ownership of revolving hypothec) of Civil Code. Chapter 3 Matters to be Registered for Real Rights over Immovable Article 14: General Provisions on the Matters to be Registered 1. The general matters to be registered for real rights over immovable shall be as follows: of a person entitled to registration - Purpose of registration - Ground of registration and date - Ground of subrogation and date of subrogee - Prohibition of undivided immovable partition, etc. if any - Amount of share of each undivided right holder - Special agreement on right extinction, if any (including condition and time) - Registration order number 2. In addition to the matters described in the preceding paragraph 1, matters to be registered for ownership, perpetual lease, or usufruct shall be as follows: of a person entitled to registration. For juristic person, date of incorporation. of a person entitled to registration 3. In addition to the matters described in the preceding paragraph 1, matters to be registered of real security right shall be as follows: - Right and immovable in case right and immovable are subjected as joint security. 5
- Claim secured by pledge in case where claim secured by pledge, hypothec or statutory lien is subjected as pledge. Article 15: Matters to be Registered for Perpetual Lease In addition to the matters described in Article 14 above, the matters to be registered for perpetual lease shall be as follows: - Perpetual lease term - Rental fee - Payment term if any - Special agreement as described in Article 254, paragraph 3 of Civil Code if any Article 16: Matters to be Registered for Usufruct In addition to the matters described in Article 14 above, the matters to be registered for usufruct shall be as follows: - Purpose of usufruct - Term or certain events of usufruct - Consideration for usufruct if any - Consideration payment term if any - Special agreement as described in Article 269, paragraph 3 of Civil Code if any Article 17: Matters to be Registered for Easement 1. In addition to the matters described in Article 14 above, the matters to be registered for easement of servient land shall be as follows: - Description of dominant land\ - Easement purpose - Easement term - Easement size - Consideration of easement if any - Consideration payment term if any - Special agreement as provided in Article 288, paragraph 1 of Article 289, or paragraph 2 of Article 293 of Civil Code if any - In case where perpetual lease holder or usufruct holder creates easement, description of these rights 2. Notwithstanding Article 14, name and address of a person entitled to registration are not necessary to be registered. 3. Matters to be registered for easement of dominant land shall be as follows: - Description of servient land - Easement purpose - Easement size - Easement of servient land registration date Article 18: Matters to be Registered for Statutory Lien 1. In addition to the matters described in Article 14 above, the matters to be registered for statutory lien shall be as follows: - Debtor s name - Amount of claim 6
2. In addition to the preceding paragraph 1, matters to be registered for statutory lien for the sale of an immovable shall be as follows: - Interest if any - Damages if any Article 19: Matters to be Registered for Pledge In addition to the matters described in Article 14 above, the matters to be registered for pledge shall be as follows: - Debtor s name - Term - Amount of principal - Penalty if any - Special agreement as described in Article 820, sentence 2 or Article 837 of Civil Code if any - Conditions attached to secured claim if any Article 20: Matters to be Registered for Hypothec In addition to the matters described in Article 14 above, the matters to be registered for hypothec shall be as follows: - Debtor s Name - Amount of principal - Interest if any - Damages if any - Conditions attached to secured claim if any Article 21: Matters to be Registered for Revolving Hypothec In addition to the matters described in Article 14 above, the matters to be registered for revolving hypothec shall be as follows: - Debtor s name - Maximum amount - Scope of secured claim (type of transaction which creates secured claim) - Date for fixing principal as described in Article 871 of Civil Code if any - Special agreement as described in Article 879, paragraph 1, sentence 2 of Civil Code if any Article 22: Matters to be Registered for Special Agreement for Repurchase In addition to the matters described in Article 14 above, the matters to be registered for special agreement for repurchase shall be as follows: - Sales price - Contracting costs - Repurchase period Article 23: Matters to be Registered for Real Security Right Transfer Based on Partial Assignment, etc. of Secured Claim In addition to matters described in Article 14 above, in case of partial assignment or partial subrogation by performance of secured claim, matters to be registered related to the registration of partial transfer of statutory lien, pledge or hypothec are the amount of claims which is assigned or subrogated by performance. 7
Article 24: Matters to be Registered for Registration of the Disposition of Pledge and Hypothec The provision of article 19 shall apply mutatis mutandis to the sub-pledge creation registration or assignment or waiver of pledge. The provision of article 20 shall apply mutatis mutandis to the sub-hypothec creation registration or assignment or waiver of hypothec. Article 25: Matters to be Registered for the Registration of Subrogation of Joint Hypothec In additions to matters described in article 20, matters to be registered for registration of subrogation based on article 858 of Civil Code shall be as follows: - Description of immovable which hypothec holder who is in the upper rank received from the payment - Purchase price of immovable - Amount of money paid in which the upper rank hypothec holder received - Description of secured claim Chapter 4 Application for Registration of Real Rights over Immovable Section 1 Forms and Documents Attached to Registration Application Article 26: Registration Application Form The following matters shall be written in application for registration of real right over immovable and in accordance with the type of each registration application: - Official name of the country - Motto - Municipal/District/Khan or Capital/Provincial Cadastral Administration where the immovable is located in - Purpose of the registration application - Grounds of the registration application and date and address of a person entitled to registration and the one obliged to registration and address of the person filing the application when he/she is not a person entitled to registration or the one obliged to registration of juristic person s representative director when the person filing the application for registration is a juristic person and address of an agent in case the filing of application is carried out by an agent - Description of immovable - Contract for prohibition of undivided immovable partition, etc. if any - Ground of subrogation and ground date where the applicant is a subrogee and address of subrogee in case the applicant is a subrogee of a decedent or an amalgamated juristic person when the person filing the application for registration is a universal successor - Filing date, signatures or fingerprints of the person filing the application for registration - Share of each right holder in case there are two or more right holders - Attached document 8
Article 27: General Provisions of Documents Attached to Registration Application When filing an application for registration, applicant shall provide some necessary documents in accordance with the type of each registration application as follows: - Document certifying the identification of a person filing the application for registration - Document certifying representative authority of juristic person s representative director if a person filing an application for registration is a juristic person - Document certifying representative authority in case a person filing the application for registration is a person under legal representative. - Proxy in case the application is made by appointed representative - Document certifying the grounds for registration - Document certifying the ground of subrogation in case applicant is a subrogee - Final and binding judgment etc in case the application for registration was made based on the final and binding judgment, etc - Document certifying the third party s consent in case it involves the interest of the third party - Document certifying the succession or amalgamation of juristic person in case of application for registration described in Article 10, paragraph 2 and Article 11 of this Prakas - Drawing of easement - Drawing of building location which is the subject matter of usufruct - Title - Other relevant documents determined by Ministry of Land Management, Urban Planning and Construction Section 2 Application for Registration of Ownership Article 28: Application for Registration of Ownership Transfer The following matters, when ownership is transferred in whole or in part, shall be written in the application for registration described in Article 26 (Registration Application Form): a. Each of the following purpose: - Transfer of whole ownership - Transfer a part of ownership b. Each of the following ground and date - Sales - Donation - Exchange - Succession - Partition of succession property based on agreement - Testamentary gift - Final and binding judgment - Other grounds provided in other laws or regulations - Parent s names - Person obliged to registration 9
- Parent s names d. Other matters to be registered: - Share of new undivided owners e. Description of immovable Article 29: Application for Registration of Transfer of Undivided Ownership Share The following matters, when the share of undivided ownership is transferred in whole or in part, shall be written in the application for registration described in Article 26 (Registration Application Form): a. Each of the following purpose: - Transfer of whole undivided ownership share of undivided owner Name of No..or - Transfer of a part of undivided ownership share of undivided owner Name. of No b. Each of the following ground and date - Sales - Donation - Exchange - Succession - Partition of succession property based on agreement - Testamentary gift - Final and binding judgment - Partition of undivided ownership - Renunciation of share of undivided owners or - Other grounds provided in other laws or regulations - Person obliged to registration d. Other matters to be registered - Share of new undivided owner e. Description of immovable 10
Article 30: Application for Registration for Correction of Ownership or Undivided Ownership Share The following matters, when ownership or undivided ownership share is registered and if an error or omission is found, shall be written in the application for registration described in Article 26 (Registration Application Form): a. Each of the following purpose: - Correction of ownership or - Correction of undivided ownership share b. Each of the following ground and date: - Error or - Omission [of registration] -Person obliged to registration d. Each of the following matters to be corrected: - Purpose - Share - Owner s name or undivided owners names e. Description of immovable Article 31: Application for Registration of Deregistration of Ownership Transfer When the transfer of ownership is already registered and if there is an interested third party in the registration, an application for registration of deregistration can be filed only with the consent of the said third party. The following matters shall be written in the application for registration described in Article 26 (Registration Application Form): a. Each of the following purpose: - Deregistration of ownership transfer - Deregistration of a part of ownership transfer - Deregistration of whole share of undivided ownership transfer - Deregistration of a part of undivided ownership share transfer b. Each of the following ground and date - Contract cancellation - Contract termination - Agreement for contract termination - Other grounds provided in other laws or regulations 11
- Person obliged to registration d. Description of immovable Section 3 Application for Registration of Perpetual Lease Article 32: Application for Registration of Perpetual Lease Creation The following matters, when perpetual lease is created, shall be written in the application for registration described in Article 26 (Registration Application Form): a. Purpose - Perpetual lease creation b. Ground and date - Creation - Person obliged to registration d. Other matters to be registered - Share of perpetual lessee - Term of perpetual lease - Rental fee of perpetual lease - Term of payment - Special agreement as described in Article 254, paragraph 3 of Civil Code if any e. Description of immovable - No of certificate acknowledging perpetual lease Article 33: Application for Registration of Perpetual Lease Transfer 12
The following matters, when perpetual lease is transferred in whole or in part, shall be written in the application for registration of perpetual lease transfer described in Article 26 (Registration Application Form): a. Each of the following purpose: - Transfer of Perpetual lease - Transfer of a part of perpetual lease b. Each of the following ground and date: - Sales - Donation - Succession - Partition of succession property based on agreement - Testamentary gift - Final and binding judgment - Other grounds provided in other laws or regulations - Person obliged to registration d. Other matters to be registered - Share of perpetual lessee e. Description of immovable - No of certificate acknowledging perpetual lease Article 34: Application for Registration of Undivided Perpetual Lease Share Transfer The following matters, when perpetual lease share is transferred in whole or in part, shall be written in the application for registration described in Article 26 (Registration Application Form): a. Each of the following purpose: - Transfer of whole shares of undivided perpetual lease of name. - Transfer of a part of undivided perpetual lease share of name. a. Each of the following ground and date: - Sales - Donation - Succession - Partition of succession property based on agreement - Testamentary gift - Final and binding judgment - Partition of undivided perpetual lease - Renunciation of perpetual lease share 13
- Other grounds provided in other laws or regulations - Person obliged to registration d. Other matters to be registered - Perpetual lease share e. Description of immovable - No of certificate acknowledging perpetual lease Article 35: Application for Registration of Sub-Perpetual Lease Creation The following maters, when sub-perpetual lease is created, shall be written in the application for registration in article 26 (Form of Registration Application): a. Purpose - Creation of sub-perpetual lease b. Grounds and date - Creation c. A person entitled to registration A person obliged to registration d. Other matters to be registered: - Share - Term of sub-perpetual lease - Sub-perpetual lease rental fee - Term of payment - Special agreement as described in Article 254, paragraph 3 of Civil Code if any e. Description of immovable: - No of certificate acknowledging perpetual lease 14
Article 36: Application for Registration of Change or Correction of Term, Rental Fee, Term of Payment or Special Agreement of Perpetual Lease The following matters, when the term, rental fee, term of payment or special agreement of perpetual lease is changed or corrected, shall be written in an application for registration described in Article 26 (Registration Application Form): a. Each of the following purpose: - Change or correction of perpetual lease term - Change or correction of perpetual lease rental fee - Change or correction of perpetual lease payment term - Change or correction of special agreement of perpetual lease b. Each of the following ground: - Change and date - Error - Omission - Person obliged to registration d. Each of the following matters to be changed or corrected: - Term - Rental fee - Term of payment or - Special agreement as described in Article 254, paragraph 3 of Civil Code if any e. Description of immovable: - No of certificate acknowledging perpetual lease Article 37: Application for Registration of Correction of Perpetual Lease or Perpetual Lease Share The following matters, when perpetual lease or perpetual lease share is already registered, and if an error or omission is found, shall be written in the application for registration described in Article 26 (Registration Application Form): a. Each of the following purpose: - Correction of perpetual lease - Correction of perpetual lease share b. Each of the following ground: - Error - Omission 15
- Person obliged to registration d. Each of the following matters to be corrected: - Purpose - Share of perpetual lessee e. Description of immovable: - No of certificate acknowledging perpetual lease Article 38: Application for Registration of Deregistration of Perpetual Lease When perpetual lease is registered and if there is an interested third party in registration, the application for registration of deregistration can be filed only with consent of the said third party. The following matters shall be written in the application for registration described in Article 26 (Registration Application Form): a. Each of the following purpose: - Deregistration of perpetual lease creation - Deregistration of perpetual lease transfer - Deregistration of transfer a part of perpetual lease - Deregistration of transfer of whole shares of undivided perpetual lease - Deregistration of transfer of a part of undivided perpetual lease share b. Each of the following ground and date: - Expiration of term - Contract cancellation - Contract termination - Agreement for contract termination - Other grounds provided in other laws or regulations - Person obliged to registration d. Description of immovable: - No of certificate acknowledging perpetual lease 16
Section 4 Application for Registration of Usufruct Article 39: Application for Registration of Usufruct Creation The following matters, when usufruct is created, shall be written in the application for registration described in Article 26 (Registration Application Form): a. Each of the following purpose: - Creation of usufruct over land - Creation of usufruct over building - Creation of usufruct over land and building b. Ground and date - Creation -Person obliged to registration d. Other matters to be registered - Share of usufruct holder - Term of usufruct or conditions or events, if any - Consideration for usufruct - Consideration payment term - Special agreement as described in Article 269, paragraph 3, of Civil Code if any e. Description of immovable: - Drawings for building location - No of certificate acknowledging usufruct Article 40: Application for Registration of Usufruct Transfer The following matters, when usufruct is transferred in whole or in part, shall be written in the application for registration described in Article 26 (Registration Application Form): a. Each of the following purpose: - Transfer of usufruct - Transfer of a part of usufruct a. Each of the following ground and date: - Sales - Donation - Succession 17
- Partition of succession property based on agreement - Testamentary gift - Final and binding judgment - Other grounds provided in other laws or regulations - Person obliged to registration d. Other matters to be registered - Share of usufruct holder e. Description of immovable: - No of certificate acknowledging usufruct Article 41: Application for Registration of Transfer of Undivided Usufruct Share The following matters, when usufruct share is transferred in whole or in part, shall be written in the application for registration described in Article 26 (Registration Application Form): a. Each of the following ground: - Transfer of whole shares of undivided usufruct of name - Transfer of a part of undivided usufruct share of name.. b. Each of the following ground and date: - Sales - Donation - Succession - Partition of succession property based on agreement - Testamentary gift - Final and binding judgment - Partition of undivided usufruct - Renunciation of share of usufruct - Other grounds provided in other laws or regulations - Person obliged to registration 18
d. Other matters to be registered - Share of usufruct e. Description of immovable: - No of certificate acknowledging usufruct Article 42: Application for Registration of Change or Correction of Term, Consideration, Consideration Payment Term or Special Agreement of Usufruct The following matters, when the term, consideration, consideration payment term or special agreement of usufruct is changed or corrected, shall be written in an application for registration described in Article 26 (Registration Application Form): a. Each of the following purpose: - Change or correction of usufruct term - Change or correction of usufruct consideration - Change or correction of usufruct consideration payment term - Change or correction of special agreement of usufruct b. Each of the following ground: - Change and date - Error - Omission - Person obliged to registration d. Each of the following matters to be changed or corrected: - Term - Consideration - Consideration payment term - Special agreement as described in Article 269, paragraph 3 of Civil Code e. Description of immovable: - No of certificate acknowledging usufruct Article 43: Application for Registration of Correction of Usufruct or Usufruct Share The following matters, when usufruct or usufruct share is registered and if an error or omission is found, shall be written in the application for registration described in Article 26 (Registration Application Form): 19
a. Each of the following purpose: - Correction of usufruct - Correction of usufruct share b. Each of the following ground: - Error - Omission - Person obliged to registration d. Each of the following matters to be corrected: - Purpose - Share of usufruct holder e. Description of immovable: - No of certificate acknowledging usufruct Article 44: Application for Registration of Deregistration of Usufruct When usufruct is registered and if there is an interested third party in the registration, an application for registration of deregistration can be filed only with the consent of the said third party. The following matters shall be written in the application for registration described in Article 26 (Registration Application Form): a. Each of the following purpose: - Deregistration of usufruct creation - Deregistration of usufruct transfer - Deregistration of transfer a part of usufruct - Deregistration of transfer of whole shares of undivided usufruct - Deregistration of transfer of a part of undivided usufruct share b. Each of the following ground and date: - Death of initial usufruct holder - Expiration of term - Contract cancellation - Contract termination - Agreement for contract termination - Other grounds provided in other laws or regulations 20
- Person obliged to registration d. Description of immovable: - No of certificate acknowledging usufruct Section 5 Application for Registration of Easement Article 45: Application for Registration of Easement Creation The following matters, when easement is created, shall be written in the application for registration described in Article 26 (Registration Application Form): a. Purpose - Easement creation b. Ground and date - Creation - Person obliged to registration d. Other matters to be registered: - Easement purpose - Easement period - Easement scope - Consideration of easement, if any - Consideration payment term of easement - Special agreement as provided in Article 288, paragraph 1 of Article 289, or paragraph 2 of Article 293, of Civil Code if any e. Description of immovable - Description of dominant land: - Description of servient land: Attached Documents: As provided in Article 27 21
Article 46: Application for Registration of Change or Correction of Term, Purpose, Scope size, Consideration, Consideration Payment Term or Special Agreement on Easement The following matters, when the term, purpose, size, consideration, consideration payment term, or special agreement of easement is changed or corrected, shall be written in the application for registration described in Article 26 (Registration Application Form): a. Each of the following purpose: - Change or correction of easement term - Change or correction of easement purpose - Change or correction of easement scope size - Change or correction of easement consideration - Change or correction of easement consideration payment term - Change or correction of special agreement of easement b. Each of the following ground: - Change and date - Error - Omission - Person obliged to registration d. Each of the following matters to be changed or corrected: - Term - Purpose of easement - Scope of easement - Consideration - Consideration payment term - Special agreement as provided in Article 288, paragraph 1of Article 289, or paragraph 2 of Article 293, of Civil Code if any e. Description of immovable: - Description of servient land - Land Location - Parcel number or title number - Description of dominant land - Parcel number or title number Attached Documents: As provided in Article 27 Article 47: Application for Registration of Easement Deregistration When easement is registered and if there is an interested third party, an application for registration of deregistration can be filed only with the consent of the said third party. 22
The following matters shall be written in the application for registration described in Article 26 (Registration Application Form): a. Purpose - Deregistration of easement creation b. Each of the following ground and date: - Contract cancellation - Contract termination - Agreement for contract termination - Other grounds provided in other laws or regulations - Person obliged to registration d. Description of immovable: - Description of servient land - Description of dominant land - Parcel number or title number Section 6 Application for Registration of Statutory Lien Article 48: Application for Registration of Statutory Lien for Preservation of Immovable, Work for Immovable, or Sale of Immovable The following matters, when statutory lien for preservation of immovable, work for immovable or sales of immovable is created, shall be written in application for registration described in Article 26 (Registration Application Form): a. Each of the following purpose: - Statutory lien for preservation of an immovable - Statutory lien for work for an immovable - Statutory lien for the sale of an immovable b. Each of the following ground and date: - Preservation of immovable - Work for immovable - Sale of immovable 23
- Other grounds provided in other laws or regulations - Person obliged to registration d. Other matters to be registered: - Debtor s name - Amount of claim - Interest for the sale of an immovable based on Article 802 of Civil Code - Damages if any e. Description of immovable: Article 49: Application for Registration of Statutory Lien Transfer The following matters, when the statutory lien is transferred in whole or in part, shall be written in the application for registration described in Article 26 (Registration Application Form): a. Each of the following purpose: - Transfer of statutory lien No - Transfer of a part of statutory lien No b. Each of the following ground and date: - Assignment of claim - Partial assignment of claim - Subrogation by performance - Partial subrogation by performance - Other grounds provided in other laws or regulations - Person obliged to registration d. Other matters to be registered: - Amount of assigned claim - Amount of money performed - Share e. Description of immovable: 24
Article 50: Application for Registration of Deregistration of Statutory Lien When statutory lien is registered and if there is an interested third party in the registration, an application for registration of this deregistration can be filed only with the consent of the said third party. The following matters shall be written in the application for registration described in Article 26 (Registration Application Form): a. Purpose - Deregistration of statutory lien No b. Each of the following ground and date: - Performance - Waiver of statutory lien - Other ground provided in other laws or regulations - Person obliged to registration d. Description of immovable Section 7 Application for Registration of Pledge Article 51: Application for Registration of Creation of Pledge The following matters, when pledge is created, shall be written in the application for registration described in Article 26 (Registration Application Form): a. Each of the following purpose: - Creation of pledge over ownership - Creation of pledge over perpetual lease - Creation of pledge over usufruct b. Ground and date: b-1 - Loan for consumption contract - Other grounds provided in other laws or regulations b-2 - Pledge creation contract 25
- Person obliged to registration d. Other matters to be registered: - Debtor s name - Term - Amount of principal - Penalty - Special agreement described in Article 820, sentence 2 or Article 837 of Civil Code - Conditions attached to the secured claim e. Description of immovable Article 52: Application for Registration of Transfer of Pledge The following matters, when pledge is transferred in whole or in part, shall be written in the application form for registration described in Article 26 (Registration Application Form): a. Each of the following purpose: - Transfer of a pledge over ownership No - Partial transfer of pledge over ownership No - Transfer of pledge over perpetual lease No - Partial transfer of pledge over perpetual lease No - Transfer of pledge over usufruct No - Partial transfer of pledge over usufruct No b. Each of the following ground and date: - Assignment of claim - Partial assignment of claim - Subrogation by performance - Partial subrogation by performance - Other grounds provided in other laws or regulations - Person obliged to registration 26
d. Other matters to be registered: - Amount of assigned claim - Amount of payment - Share of pledge e. Description of immovable Attached documents : As provided in Article 27 Article 53: Application for Registration of Sub-Pledge Creation The following matters, when sub-pledge is registered, shall be written in the application for registration described in Article 26 (Form of Registration Application): a. Purpose - Creation of Sub-pledge over pledge No. b. Ground and date: b-1 - Loan for consumption contract - Other grounds provided in other laws or regulations b-2 - Sub-pledge creation contract Person obliged to registration d. Other matters to be registered: - Debtor s name - Term - Amount of principal - Penalty - Special Agreement as described in Article 820, sentence 2 or Article 837 of Civil Code - Conditions attached to the secured claim e. Description of immovable: Article 54: Application for Registration of Change or Correction of Pledge The following matters, when the amount of principal, penalty, term, conditions attached to the secured claim or the special agreement of pledge is changed or corrected, shall be written in the application for registration described in Article 26 (Registration Application Form): a. Each of the following purpose - Change or correction of amount of principal over pledge No.. - Change or correction of penalty over pledge No. 27
- Change or correction of term over pledge No. - Change or correction of conditions attached to the secured claim over pledge No. - Change or correction of special agreement of pledge No. b. Each of the following ground: - Change and date - Error - Omission - Other grounds provided in other laws or regulations and date - Person obliged to registration d. Each of the following matters to be changed or corrected: - Amount of principal - Penalty - Term - Conditions attached to the claim secured - Special agreement described in Article 820, Sentence 2 and Article 837 of Civil Code e. Description of immovable: Article 55: Application for Registration of Deregistration of Pledge When pledge is registered and if there is an interested third party in the registration, an application for registration of deregistration can be filed only with the consent of the said third party. The following matters shall be written in the application for registration described in Article 26 (Registration Application Form): a. Each of the following purpose: - Deregistration of pledge over ownership No.. - Deregistration of pledge over perpetual lease No.. - Deregistration of pledge over usufruct No.. b. Each of the following ground and date: - Performance - Waiver of pledge - Agreement on contract termination - Other grounds provided in other laws or regulations 28
- Person obliged to registration d. Description of immovable Section 8 Application for Registration of Hypothec Article 56: Application for Registration of Hypothec Creation The following matters, when hypothec is created, shall be written in the application for registration described in Article 26 (Registration Application Form): a. Each of the following purpose: - Creation of hypothec over ownership - Creation of hypothec over perpetual lease - Creation of hypothec over usufruct b. Each of the following ground and date: b-1 - Loan for consumption contract - Other grounds provided in other laws or regulations b-2 - Hypothec creation contract - Person obliged to registration d. Other matters to be registered: - Debtor s name - Amount of principal - Interest - Damages - Conditions attached to secured claim e. Description of immovable Article 57: Application for Registration of Sub-Hypothec Creation 29
The following matters, when sub-hypothec is created, shall be written in the application for registration described in article 26 (Form of Registration Application): a. Purpose - Creation of Sub-hypothec over hypothec No b. Each of the following ground and date b-1 - Loan for consumption contract - Other grounds provided in other laws or regulations b-2 - Sub-hypothec creation contract Person obliged to registration d. Other matters to be registered - Debtor s name - Amount of principal - Interests - Damages - Conditions attached to secured claim e. Description of immovable Attached documents are: As provided in Article 27 Article 58: Application for Registration of Hypothec Transfer The following matters, when hypothec in transferred in whole or in part, shall be written in the application for registration described in Article 26 (Registration Application Form): a. Each of the following purpose: - Transfer of hypothec over ownership No.. - Transfer of a part of hypothec over ownership No. - Transfer of the hypothec over perpetual lease No. - Transfer of a part of the hypothec over perpetual lease No. - Transfer of a hypothec over usufruct No. - Transfer of a part of hypothec over usufruct No. b. Each of the following ground and date: - Assignment of claim - Partial assignment of claim - Subrogation by performance - Partial subrogation by performance - Other grounds provided in other laws or regulations 30
- Person obliged to registration d. Other matters to be registered: - Amount of assigned claim - Amount of money performed - Share e. Description of immovable: Article 59 : Application for Registration of Subrogation of Joint Hypothec The following matters, when subrogation of joint hypothec is made, shall be written in the application for registration described in Article 26 (Registration Application Form): a. Purpose: - Registration of subrogation of joint hypothec No b. Ground and date: - Subrogation based on Article 858 of Civil Code - Person obliged to registration : d. Other matters to be registered: d.1 - Contents of compulsory sale - Description of immovable - Sales price of immovable - Amount of payment the upper ranking hypothec holder received d.2 - Description of secured claim - Ground and date - Debtor s name - Principal - Interest - Damages - Conditions attached to secured claim e. Description of immovable 31
Article 60: Application for Registration of Hypothec Assignment or Hypothec Waiver The following matters, when hypothec is assigned or waived, shall be written in the application for registration described in Article 26 (Form of Registration Application): a. Each of the following purpose: - Assignment of hypothec No.over ownership - Assignment of hypothec No.over perpetual lease - Assignment of hypothec No.over usufruct - Waiver of hypothec No. over ownership - Waiver of hypothec No. over perpetual lease - Waiver of hypothec No. over usufruct b. Each of the following ground and date: b.1 - Loan for consumption contract - Other grounds provided in other laws or regulations b.2 - Assignment of hypothec - Waiver of hypothec Person obliged to registration d. Other matters to be registered: - Debtor s name - Amount of principal - Interests - Damages - Conditions attached to the claim e. Description of immovable: Article 61: Application of Registration of Hypothec Ranking Assignment or Hypothec Ranking Waiver The following matters, when hypothec ranking is assigned or waived, shall be written in the application for registration described in article 26 (Form of Registration Application): a. Each of the following purpose: - Assignment of hypothec ranking No.. to hypothec No. over ownership - Assignment of hypothec ranking No.. to hypothec No. over perpetual lease - Assignment of hypothec ranking No.. to hypothec No. over usufruct - Waiver of hypothec ranking No to hypothec No. over ownership - Waiver of hypothec ranking No to hypothec No. over perpetual lease 32